W. Va. Code R. § 148-19-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-19-5 - Lease Terms and Execution

5.1. General.

A lease shall be prepared by the Executive Director. The term of the lease shall not exceed forty years. Leases for a term of more than six months, including any options, shall be filed with the State Auditor. If the term of the lease is for a period longer than one year, the following terms and conditions, in substance, shall be included in the lease:

5.1.a. The Department of Administration, as lessee, has the right to cancel the lease without further obligation on the part of the State upon thirty days' written notice to the lessor, such notice being given at least thirty days prior to the last day of the succeeding month.

5.1.b. The lease shall be considered canceled without further obligation on the part of the State in the event the West Virginia Legislature or the federal government fails to appropriate sufficient funds with which to pay the rentals and other sums reserved in the lease, or otherwise acts to impair the lease or causes it to be canceled. The Department of Administration shall promptly give written notice of such cancellation to the applicable lessor.

5.1.c. The lease shall be considered renewed for each fiscal year during the term of the lease unless canceled by the Department of Administration before the end of the then current fiscal year.

5.2. The lease may be executed in any number of counterparts, as determined by the Executive Director, each of which shall constitute an original and which taken together, shall constitute one and the same lease. All leases shall be acknowledged before a notary public by each signatory.

5.3. Execution by the Lessor.

5.3.a. Prior to execution of a lease, the lessor shall register as a vendor with the Purchasing Division pursuant to Subsection 3.2.f of this Rule.

5.3.b. When the lessor is a corporation, or other corporate entity, the lease shall be executed by its president or vice president and duly attested to by another officer of the corporation. The corporate seal shall be affixed, when available.

5.3.c. When the lessor is a limited liability company which is member managed, any member authorized to bind the limited liability company shall execute the lease. When the lessor is a limited liability company which is manager managed, the manager shall execute the lease on behalf of the limited liability company.

5.3.d. When the lessor is an individual or sole proprietor, the lease shall be executed by the owner of the property or his or her authorized representative.

5.3.e. When the lessor is a partnership, any partner authorized to bind the partnership shall execute the lease. In a limited partnership, the general partner may execute the lease on behalf of the limited partners.

5.3.f. When an individual or sole proprietor lessor is married, his or her spouse must also execute the lease, even if the subject property has been deeded to only one of the parties.

5.3.g. If an individual or corporate entity other than the owner of the property is authorized to execute the lease on behalf of the owner or receive rentals and notices, written authorization, duly signed by the property owner, shall be filed with the Executive Director at the time of execution of the lease by the lessor.

5.4. Execution by the Lessee.

The Executive Director shall execute each lease in the name of the State for and on behalf of the spending unit requesting the space after execution by the lessor. Execution of a lease by the Executive Director on behalf of a spending unit will in no way make the Executive Director, the Secretary or the Department of Administration, or any party other than the spending unit requesting the space, responsible for the payment of any rentals or other sums contemplated by the lease. All rentals and other sums shall be paid by the spending unit on whose behalf the Executive Director executed the lease.

5.5. Approval as to Form.

Following execution of the lease by the Executive Director, the lease shall be transmitted to the office of the Attorney General for approval as to form. Leases that have been approved as to form by the Attorney General shall be filed with the Real Estate Division, with copies being sent to the lessor, the office of the Auditor if the term of the lease, including any options, is for more than six months, and the spending unit.

W. Va. Code R. § 148-19-5